If a marital house is to be sold and the money split but one person stays in the house until the sale, can that person be charged rent?

Asked on February 8, 2016 under Family Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An owner of a house has the right to occupy or use it--even if there are other owners. He or she could only be charged rent if there was an agreement that he or she would pay rent in these circumstances. However, if he or she damages the house or runs up bills (e.g. water, electric) by his/her use, those expenses could be offset vs. what he or she would get from the sale.

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